What's are the limits or difficulties?

[circleof5ths]

What is the name of your state? California

I purchased a car on eBay. The auction listing portrayed a private party. After winning and contacting the seller, they turned out to be a dealer. After receiving the car it didn't match (condition wise to the listing). The motor was bad (rod bearing (major)) and the paint is not as good as indicated. These were the major issues.
My question is how difficult is it to sue for damages and repairs living in California and sueing the dealer in New York?
Thanks in advance.

 

[HomeGuru]

What is the name of your state? California

I purchased a car on eBay. The auction listing portrayed a private party. After winning and contacting the seller, they turned out to be a dealer. After receiving the car it didn't match (condition wise to the listing). The motor was bad (rod bearing (major)) and the paint is not as good as indicated. These were the major issues.
My question is how difficult is it to sue for damages and repairs living in California and sueing the dealer in New York?
Thanks in advance.

**A: it will be very very difficult.

 

[circleof5ths]

**A: it will be very very difficult.

How difficult?

I know I need to file in that state but if I hire an attorney at what point in the process would I need to be present? Can I start the process and serve him before needing to fly out? That my push the seller to step up and be accountable. What's your thoughts?

 

[HomeGuru]

How difficult?

I know I need to file in that state but if I hire an attorney at what point in the process would I need to be present? Can I start the process and serve him before needing to fly out? That my push the seller to step up and be accountable. What's your thoughts?

**A: how much money are we talking here?

 

[circleof5ths]

**A: how much money are we talking here?

There are several amounts I could exercise;

1) A Factory Dealership repair to the motor are around $6000.00
2) Local Automotive Repair Shop's advise purchasing a used motor and swapping, instead of repairing the existing one (more cost effective due to the labor to tear down and repair the damaged motor). Cost around $3200 to $4200 average estimate.
3) Pursuing him for the total cost of purchasing the car and returning it to him. Car cost $8700 + Transporting $1400 + Repairs on other items $2000.00 + Tax/License $800 = $12,900.00 Total investment, plus any damages for Hardship, My time and labor correcting the conflicting Auction Ad Details (that were inaccurate or false representated).

 

[dallas702]

First, send him a certified letter of demand that states your case, your costs, and your proposed resolution. Include a statement that you have discovered that he is a licensed dealer and that you will notify every part of the food chain he relies upon to stay in business if he doesn't negotiate a fair settlement with you. Then, if he doesn't comply you are already on your way. Find a NY lawyer to handle the case, and sue his butt.

BTW: putting in a used engine would kill the value of the car.

 

[InsuranceLadyAZ]

Can someone please explain to me why they purchase vehicles online? It doesn't make any sense to me to buy something like a car without having the ability to inspect.

I could see buying a CD or a used book or something online, but a car???

All I read are horror stories from people who do this. And they never seem to have any legal recourse when it goes bad, which it always seems to do.

 

[dallas702]

Because that particular car may not be available in the buyer's area. I have purchased 5 online: a 1967 GTO, 1991 Corvette ZR-1, 1996 Chrysler T&C van, 1996 Sable, and the '66 Mustang GT convertible. The Mustang was the only one that was misrepresented. The van and the Sable wagon I got for 2/3 of what I would have paid locally, and the GTO and ZR-1 were only available out of my SMSA.

It is a risk, but if a buyer knows the vehicle and what questions to ask he can usually get what he wants. No matter where you buy it is hard to get past the unscrupulous liars, though.

 

[circleof5ths]

Can someone please explain to me why they purchase vehicles online? It doesn't make any sense to me to buy something like a car without having the ability to inspect.

I could see buying a CD or a used book or something online, but a car???

All I read are horror stories from people who do this. And they never seem to have any legal recourse when it goes bad, which it always seems to do.

Well, I could have paid full price for the same car here where I live, 15k. I purchased the car for $8700. The seller has stepped up and is sending me a couple grand to repair the original motor, etc. So, with a little grief (in this particular case) I still got an assume deal! That's why I purchased online. The seller's employee is the one whom failed to disclose the faults in the car and he no longer works there, per this deal.
Thanks for all the advice from everyone, I will hold on to it untill his check clears! Thanks again.